Federal Court: Selangor cannot empower Shariah courts to perform judicial reviews, power solely held by civil courts
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Chief Justice Tun Tengku Maimun Tuan Mat speaks during a press conference during the Opening of the Legal Year 2022 at the Palace of Justice in Putrajaya January 14, 2022. — Picture by Yusof Mat Isa
KUALA LUMPUR, Feb 21 — A nine-judge panel at the Federal Court today unanimously declared that the Selangor state legislative assembly has no authority to make an enactment giving the Shariah courts the power to carry out judicial reviews of Islamic authorities’ decisions.
Chief Justice Tun Tengku Maimun Tuan Mat, who chaired the panel, said the Federal Court finds Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 — the Selangor state law that attempted to give Shariah courts the power to hear and decide judicial reviews — to be against the Federal Constitution.
“I find Section 66A is unconstitutional and void as it is a provision which the Selangor state legislative assembly has no power to make,” the judge said in the decision delivered online through the video-conferencing platform Zoom.
Among other things, the chief justice stressed that the Federal Court had in previous cases already decided that the power of judicial review is uniquely held by and to be exercised only by the civil courts.
MORE TO COME
KUALA LUMPUR, Feb 21 — A nine-judge panel at the Federal Court today unanimously declared that the Selangor state legislative assembly has no authority to make an enactment giving the Shariah courts the power to carry out judicial reviews of Islamic authorities’ decisions.
Chief Justice Tun Tengku Maimun Tuan Mat, who chaired the panel, said the Federal Court finds Section 66A of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 — the Selangor state law that attempted to give Shariah courts the power to hear and decide judicial reviews — to be against the Federal Constitution.
“I find Section 66A is unconstitutional and void as it is a provision which the Selangor state legislative assembly has no power to make,” the judge said in the decision delivered online through the video-conferencing platform Zoom.
Among other things, the chief justice stressed that the Federal Court had in previous cases already decided that the power of judicial review is uniquely held by and to be exercised only by the civil courts.
MORE TO COME
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ReplyDeleteI sure Kerajaan Allah will find ways to do so in Melayu-sia